Northern Territory Numbered Acts

[Index] [Table] [Search] [Search this Act] [Notes] [Noteup] [Previous] [Next] [Download] [Help]

NATIONAL DISABILITY INSURANCE SCHEME (WORKER CLEARANCE) ACT 2020 (NO 7 OF 2020) - SECT 22

Assessment of application

    (1)     The Screening Agency must assess an application for a screening check received under section 17 .

    (2)     In making an assessment for an application under subsection (1), the Screening Agency must:

    (a)     conduct a criminal history information check in relation to the applicant; and

    (b)     assess any disciplinary and misconduct information about the applicant supplied by the NDIS Commission to the Screening Agency, including:

        (i)     any adverse and substantiated findings of a formal investigation; and

        (ii)     any adverse actions by the NDIS Commission; and

    (c)     assess the outcomes of previous screening checks in relation to the applicant.

Example for subsection (2)(b)(i)

A reportable incident notification, complaint or breach of the NDIS Code of Conduct.

Example for subsection (2)(b)(ii)

Banning orders.

    (3)     In making an assessment for an application under subsection (1), the Screening Agency may take into account the following:

    (a)     additional information held by law enforcement agencies about the circumstances of an offence or alleged offence if available;

    (b)     any other information relevant to determining an applicant's eligibility for a clearance, including information obtained through self-disclosure.

    (4)     Information mentioned in subsection (3)(b) includes, but is not limited to, the following:

    (a)     international criminal history;

    (b)     domestic violence and child protection orders relating to the applicant;

    (c)     information about any previous working with children checks, working with vulnerable persons checks or other worker screening processes the applicant has undergone;

    (d)     information from any reportable or notifiable conduct schemes, such as from the Ombudsman or any professional complaints bodies or associations;

    (e)     employer or other professional records or information about the applicant, including professional references;

    (f)     courts and tribunals records.



AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback